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(영문) 서울중앙지방법원 2015.07.06 2015고정2468
업무상실화
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in cooking as a main kitchen in Jongno-gu Seoul Metropolitan Government, the victim C’s “D” restaurant operated by the victim C.

At around 11:20 on May 17, 2015, the Defendant prepared a spunch with a cooking machine for spunching in the above restaurant.

In such cases, after completion of cooking, a person engaged in cooking has a duty of care to reduce gas emissions, including inflammable gas, or completely extinguish fire, so that food milk in the kitchen for the influoring of the above influor is overheated and to not put in fire.

Nevertheless, the Defendant, while sprinking with the above splate oil in a kitchen, sprinked the gas fire of the kitchen equipment containing the oil, and sponsed with the oil sponsed in the above sponsed by negligence between the sponser and sponsed with the oil sponsed in the above sponser complex, and sponsed it to the inside the above restaurant, the second floor sponsed room, and the ceiling.

Accordingly, the Defendant destroyed part of the above restaurant, which is the victim C, to the extent that the repair cost would be approximately KRW 1,500,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on the occurrence of a fire;

1. Application of Acts and subordinate statutes to fire site photographs;

1. Relevant provisions of the Criminal Act and Articles 171, 170 (1), and 164 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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